More Guidance and Action to Implement Prosecutorial Discretion

Immigration and Customs Enforcement issued a memo on November 17th announcing a case-by-case review of the EOIR immigration court docket in each office. This review will include both incoming cases as well as those currently pending in immigration courts. This review will last for two months, until mid-January 2012, at which point the agency will assess the data and case outcomes before taking further action or review. The review is viewed as a further step in implementing the June 17, 2011 Prosecutorial Discretion Memorandum that set forth various factors and criteria to consider when deciding to initiate or continue with removal proceedings. That memo announced plans to review of 300,000 pending cases to determine which ones are appropriate for an exercise of prosecutorial discretion. This most recent memo sets that review in motion as well as provides more detailed guidance to ICE attorneys. The intent of the effort is to direct enforcement and deportation to cases where the respondent poses a threat to public safety and away from those who are students, long-term residents, or have formed families and strong community ties.